Ademption - definition of ademption by The Free Dictionary
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Related to ademption: adeemed
The failure of certain property to be passed on by will because such property is no longer owned by the testator or because the testator nullified the legacy by some act subsequent to the making of the will.
[Latin adēmptiō, adēmptiōn-
, a taking away
, from adēmptus
, past participle of adimere
, to take away
, to buy, take
; see em-
in Indo-European roots
(Law) property law the failure of a specific legacy, as by a testator disposing of the subject matter in his lifetime
[C16: from Latin ademptiōn- a taking away, from adimere to take away, take to (oneself), from ad- to + emere to buy, take]
(Jur) → Wegfall m
References in periodicals archive
96) The Uniform Probate Code takes a stab at the problem, carving out a number of exceptions from the traditional doctrine of ademption
by extinction, but again without the guidance of empirical data.
For similar reasons, this primer does not address provisions concerning ademption
59) In the event that there is insufficient or absent property in an estate to fill a specific bequest, the theory of ademption
directs a court to assign the legatee either nothing if the donative intent was satisfied through prior transfer or the nearest equivalent if the donative intent was not satisfied.
2000),is a District of Columbia case where the court determined that a rollover of qualified plan assets into an IRA by the decedent prior to death did not constitute ademption
under the probate code.